Upset over controversial swordfish nets that inadvertently trap dolphins and other sea animals, a coalition of animal rights groups has released a graphic video in hopes of winning support for stricter regulations on the industry.

But drift gill net fishermen say depictions and statements in the online footage are misleading. Pointing to federal data, they say far fewer animals are killed than implied by activists intent on banning the mile-long nets used in Southern California.

The minute-long video, posted at bandeathnets.com, shows dolphins and a sea lion caught by the nets as well as a live shark having its fin cut off on the deck of a drift net boat.

“If a dolphin, whale, turtle, swordfish, thresher shark or mako shark swims into that net, they’re going to die,” said Paul Nicklen, co-founder for SeaLegacy, one of the groups pushing for stricter laws. “It’s out of sight, out of mind. Ocean wildlife and endangered species are continually harmed or killed by this dangerous fishery and it’s time to end the slaughter.”

But veteran drift net fisherman Gary Burke countered that inadvertent “bycatch” has been greatly reduced in recent years and the video gives the wrong impression that dolphins, whales and turtles are routinely caught and killed.

One sea lion and 18 dolphins were trapped — and all died — according to federal observers placed on 20 percent of the drift net fishing trips in California from May 1, 2016 to Jan. 31, 2017, according to the National Oceanic and Atmospheric Association, which regulates the industry. No whales or turtles were caught.

At the same time, those trips brought in 543 swordfish with the nets.

“We need the fish,” Burke said. “We need every fishery we can get.”

Burke said increased regulations have already contributed significantly to the reduction in drift net fishing. Of the 68 California drift net permits issued by NOAA, there are 20 boats operating, according to NOAA spokesman Michael Milstein.

Burke said the number of active boats has dwindled from nearly 200 in 1980.

‘That guy should be arrested’

After watching the video showing the shark’s fin being cut off, Burke condemned how the crew handled the situation.

“That guy doesn’t know the rules,” he said. “I looked at that and said, ‘That guy should be arrested.’ That’s not what most of us do.”

“It’s suspicious that we just happened to film the one bad actor,” she said. “Even if it is just one boat out of 20, that’s a high percentage.”

Activists behind the video declined to disclose how the footage of the boat was obtained, but said it was done legally.

New proposals

Ocean and animal conservationists have tried twice in recent years to pass state legislation to further restrict drift gill net use — including an outright ban — but failed to win the necessary votes.

This legislative session, those activists are pushing for passage of SB 1017 by Sen. Ben Allen, D-Santa Monica.

The measure is intended to encourage fishermen to pursue “more sustainable gear types” than drift nets, according to a fact sheet on the bill from Allen’s office. It would create a voluntary program to buy back drift net permits, would gradually increase the cost of a permit from $435 to $3,000, would require fisherman to pay for an observer on every trip and would temporarily suspend permits if fishermen reached a certain level of bycatch.

“We would like to see an eventual ban,” Burdyshaw said. “(But) I see this bill as an excellent stand-alone step. I see it as reducing bycatch.”

Burke said the higher permit fee and the observer requirement would increase costs and could further discourage drift net fishermen.

Activists would ideally like to see a drift nets ban on a federal level. Sen. Dianne Feinstein, D-Calif., has drawn up a proposed bill designed to phase out drift nets but she has yet to introduce it to Congress.

By the numbers

Allen’s bill says drift net fishermen discard more than half of all fish they catch while the conservationists’ video says for every swordfish caught, seven other sea animals are captured.

Burke countered that most of the discarded fish are returned alive to the ocean — and that a large portion of the bycatch are kept and sold for consumption.

“The bycatch is becoming as important as the swordfish,” he said.

According to 2016-2017 NOAA data, of the 2,369 sea animals caught in the nets, 30 percent were swordfish.

Of the 1,826 non-swordfish bycatch, 31 percent were kept for sale — including thresher and mako sharks, opah and mackerel.

Of the 1,266 thrown back in the ocean, 12 percent were dead.

Asked about this data, it was activist Burdyshaw’s turn to say claim the information was misleading.

“A lot of what is thrown overboard alive is dying,” she said. “Even if they are alive when they go in, they are often injured and it’s hard for them to survive.”

Martin Wisckol covers coastal environment and development. Previously, he spent two decades as politics reporter and columnist for the Orange County Register. He’s also held reporting positions in Miami, Jacksonville, Detroit and his hometown of San Diego, with an emphasis on land use and urban planning. He is a lifelong surfer and has spent most of his life on the coast. His work has been honored by the Society of Professional Journalists, the National Headliner Awards, the California Newspaper Publishers Association, the Florida Press Club and the American Planning Association Florida Chapter.